The provisions of free trade agreements also allow exporters to provide proof of the origin of goods by making an origin declaration on an invoice, subject to certain conditions. The rules governing origin declarations on invoices enable exporters to issue proof of origin themselves, without the involvement or endorsement of the customs authorities, unlike the procedure for issuing EUR.1 movement certificates.
Origin declarations on invoices may be used in two circumstances: Firstly for Low-value consignments. Any exporter may make an origin declaration on an invoice where the value of the originating products in the consignment does not exceed EUR 6,000 (see section 6.2.2.1). Secondly, approved exporters may apply for authorisation from the Iceland Revenue and Customs authority to make origin declarations on invoices regardless of the value of the goods concerned (see section 6.2.2.2).
See also value thresholds in other currencies.
6.2.2.1 Authorisation to make origin declarations on invoices
Any exporter may make an origin declaration on an invoice where the value of the originating products contained in the consignment does not exceed EUR 6,000, cf. Article 20(1)(b) of Protocol 4 to the EEA Agreement.
The value threshold is based on the FOB value of the originating products in the consignment. The consignment may also contain products that are not originating products. As a result, the total value of the consignment may exceed the value limit applicable to an origin declaration on an invoice. In such cases, the non-originating products must be clearly identified. However, references to products that are not covered by the origin declaration should not be included in the declaration itself. For an example of an invoice declaration, see Appendix II.
For the conversion of the EUR 6,000 threshold into other currencies, the exchange rates applicable on the first working day of October 1999 are used, cf. the table in Appendix III.
Other free trade agreements
Under the EFTA–Israel Free Trade Agreement, any exporter may make an origin declaration on an invoice where the value of the originating products in the consignment does not exceed 2,820 units of account. According to Appendix 6 to the origin rules in Annex B to the Agreement, 2,820 units of account are equivalent to 510,000 ISK, 50,000 NOK, 10,300 CHF, 23,269 ILS.
Under the Agreement between Iceland and the Faroe Islands, the applicable threshold is 5,110 ECU, cf. Article 21 of Annex 3 to the Agreement.
6.2.2.2 Origin declaration on an invoice by an approved exporter
An approved exporter may make an origin declaration on an invoice for any consignment, regardless of its value, cf. Article 22 and Article 21(1)(a) of Protocol 4 to the EEA Agreement and the corresponding provisions of other free trade agreements.
Exporters may apply to the Iceland Revenue and Customs authority for approved exporter status using the prescribed application form. The application form is available separately. Applications must be submitted to Iceland Revenue and Customs, Legal Department, Customs Division, Katrínartún 6, 105 Reykjavík, Iceland. When completing the application form, all relevant sections must be completed and the required supporting documentation must accompany the application.
The Iceland Revenue and Customs authority may authorise exporters who provide sufficient guarantees regarding the originating status of their products and who regularly export originating products to issue origin declarations on invoices. For this purpose, regular exports generally mean that the applicant exports originating products in at least 24 consignments per year on average. Applicants must also have a thorough knowledge of the rules of origin contained in the relevant free trade agreements, demonstrate a low error rate in the authority’s customs systems; and undertake to maintain their knowledge of the free trade agreements, in particular the rules of origin, and to comply fully with those rules.
Authorisation is granted for a period of five years, after which a new application must be submitted to the Iceland Revenue and Customs authority.
In exceptional circumstances, authorisation may be granted to exporters who do not meet the minimum consignment requirement, provided that they satisfy the other conditions for approval. In such cases, the authorisation is granted for a one-year trial period and is reviewed upon expiry of that period. If the exporter’s compliance record during the trial period is satisfactory, a permanent authorisation may subsequently be granted.
An approved exporter is required to comply with the information obligations set out in Article 24 of Protocol 4 and Article 149 of the Icelandic Customs Act No. 55/1987. The exporter must provide any documents and information that the customs authorities consider necessary to verify the correctness of origin declarations whenever requested, cf. also Article 20(3) of Protocol 4 to the EEA Agreement. Upon approval, the exporter is assigned an authorisation number, which must be included in the origin declaration on the invoice, cf. Article 21(3) of Protocol 4.
The authorisation may be withdrawn without prior notice if it is misused or if the conditions under which it was granted are no longer fulfilled, cf. Article 21(5) of Protocol 4.
Misuse of the authorisation may also give rise to criminal liability, including under Article 126(4) of the Icelandic Customs Act.
6.2.2.3 Form and content of an origin declaration on an invoice
Form of the declaration
An origin declaration on an invoice is made by typing, stamping or printing the declaration set out in Appendix IV to Protocol 4 to the EEA Agreement on the invoice, delivery note or another commercial document, using one of the languages specified therein. See Appendix II. The declaration may also be handwritten, provided that it is written in ink and in block capitals, cf. Article 20(4) of Protocol 4 to the EEA Agreement. The origin declaration may be placed on the reverse side of the invoice.
Any corrections to the text of the declaration must be made in accordance with the rules governing corrections to EUR.1 movement certificates. All corrections must be authenticated by the exporter.
The exporter must sign the origin declaration by hand. However, an approved exporter is not required to provide a handwritten signature if the exporter has given the customs authorities a written undertaking accepting full responsibility for every invoice declaration identified by the exporter’s authorisation number, as if the declaration had been signed personally, cf. Article 20(5) of Protocol 4.
Wording of the origin declaration
The wording of an origin declaration used for goods manufactured in Iceland and qualifying as originating products under a free trade agreement varies depending on the agreement under which preferential treatment is claimed. One version applies under the 1972 Free Trade Agreement between Iceland and the European Community; the EFTA Convention; and the EFTA free trade agreements with Bulgaria, Estonia, Israel, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, the Czech Republic, Türkiye and Hungary. Another version applies under the EEA Agreement. In the first group of agreements, the declaration states that the goods are of Icelandic preferential origin. Under the EEA Agreement, the declaration states that the goods are of EEA preferential origin. The declaration must be reproduced exactly as prescribed.
Examples of invoice declarations in English
Where preferential treatment is claimed under the 1972 Agreement between Iceland and the European Community, the following declaration must be used:
“The exporter of the products covered by this document (customs authorization No. ..........) declares that, except where otherwise clearly indicated, these products are of Icelandic preferential origin.”
Where preferential treatment is claimed under the EFTA free trade agreements with Central and Eastern European countries, the same declaration as in Example 1 is used. The exception is the EFTA–Israel Free Trade Agreement, under which the declaration reads:“I the undersigned exporter of the goods covered by this document declare that except where otherwise clearly indicated the goods meet the conditions required to obtain originating status in preferential trade with Israel and that the country of origin of the goods is Iceland.”
Where preferential treatment is claimed under the Agreement on the European Economic Area, the following declaration must be used:
“The exporter of the products covered by this document (customs authorization No. .......) declares that, except where otherwise clearly indicated, these products are of EEA preferential origin.”
Appendix II contains the prescribed wording of invoice declarations in additional languages.